THE SHIPPING COMPANY 3 given up is in an unsatisfactory state. In the case of Schuster v. M'Kdlar (1857), 26 LJ-Q-B. 281, Lord Camp- bell left the question to the jury whether under the peculiar circumstances of that case the master was justified "in obtaining and putting the signature to the bill of lading ... without the production of the mate's receipt." The jury held that he was not. On the other hand it has been held that the master of a vessel may sign bills of lading in favour of the shipper of goods without production of the mate's receipt, if he is satisfied otherwise that the goods are on board, and if he has no notice that anyone but the shipper claims any interest in them (Hathesing v. Laing (1873), L.R. 17 Eq. 92). In the same case the court ex- pressed the opinion that the mate's receipt was assignable, only, as in the case of any other chose in action, notice of the assignment was necessary to bind the shipowner. When a shipper has a large quantity of cargo which he is desirous of sending by a special vessel, he will approach the company to book space. Also when such cargo as he is sending is of a dangerous or inflammable nature or requiring special care he will obtain a stowage order for these goods. Goods are tallied into the vessel by tally clerks, whose duty is to keep a check and list of all cargo stowed in the vessel. Tallying is done by recording in books, on cards, or on sheets, the mark, port, numbers, and number of packages, with any remarks regarding condition. The process of tallying is essentially one with which great care should be taken. Many cases arise where owing to a wrong tally, bills of lading are issued for goods which have never been shipped. When bills of lading are issued in this manner, the consignee on failing to receive his cargo at port of delivery holds a document of title and has every right to daim the full value of his cargo although same was never shipped. The carrier must, in order to secure freedom from liability, prove that the goods were never on board, which may entail great inconvenience and also be very difficult.